Naturalization & Waivers
U.S. Citizenship and N‑400 Naturalization Lawyer
Ready to become a U.S. citizen? We check your eligibility against the 5-year or 3-year rule, find the travel, tax and record issues before USCIS does, and prepare your N-400. The USCIS filing fee is $760 (paper) / $710 (online), lower if you file online, and $380 (paper only) if your household qualifies for the reduced fee.
What the N-400 package includes
- An eligibility review against the residence, physical presence and good moral character rules, using your actual travel dates, not estimates.
- A record review: tax filings, any arrests or citations (even dismissed ones), child support, Selective Service registration if it applied to you, and how you got your green card.
- A recommendation on whether to file now, wait, or address an issue first, in writing.
- Preparation of Form N-400 and the supporting documents, and filing online or on paper, whichever fits your case.
- Fee review: standard, online, reduced fee, or a fee waiver request if you may qualify.
- Interview preparation: a practice run of the questions an officer will ask about your application, plus English and civics test guidance.
- Responses to a request for evidence (RFE) issued on the filing, within the agreed scope.
The scope is set out in a written engagement agreement before any work starts, and government fees are paid separately to USCIS.
Are you eligible? The 5-year and 3-year rules
The general rule is in 8 CFR 316.2. You must be at least 18, a lawful permanent resident, and have 5 years of continuous residence as a resident, with physical presence for at least 30 months of those 5 years. You must also have lived for at least 3 months in the state or USCIS district where you file, and show good moral character and attachment to the principles of the Constitution.
If you are married to a U.S. citizen, 8 CFR 319.1 shortens the residence period to 3 years, provided you have been living in marital union with your spouse for those 3 years and your spouse has been a citizen the whole time. Separation, divorce, or a spouse who naturalized partway through the period changes the math, so we check the dates on both sides.
Continuous residence vs. physical presence
These are two different tests, and people fail the one they did not count. Physical presence is a day count: the total days you were inside the United States. Continuous residence asks whether you kept your home here. Under 8 CFR 316.5, a single trip of more than 6 months but less than a year creates a presumption that continuity was broken, which you can rebut with evidence such as keeping your job, your home and your tax filings here. A trip of a year or more generally breaks continuity outright. Several shorter trips can still add up to a physical-presence problem.
Filing up to 90 days early
Under 8 CFR 334.2(b), you may file up to 90 days before you complete the 5-year or 3-year residence period. You still must meet every requirement by the time you file, other than the last stretch of residence. Filing even one day too early is a common reason for denial, so we calculate the date from the resident-since date on your card.
Issues that need a lawyer's review
Most N-400 denials and delays come from facts the applicant did not think were important. We look closely at:
- Travel. Long trips, many trips, or a period working abroad. We rebuild the travel history from passports and, when needed, government records.
- Taxes. Unfiled returns, filing as a nonresident, or unpaid balances. A payment plan can matter.
- Arrests and citations. Every arrest, citation or charge must be disclosed, even if it was dismissed, sealed or expunged. Certain offenses can bar naturalization or raise removal risk.
- How you became a resident. If the green card was obtained through a marriage that is now questioned, a misstatement, or a missed waiver, the N-400 interview can reopen that history. We review it before you file, not after.
- Selective Service, child support and voting. Men who lived in the U.S. between 18 and 26 may have had to register. Unpaid child support and any registration to vote or voting as a non-citizen need careful handling.
- Claims to U.S. citizenship. A past false claim, even on a job form, is serious and must be assessed first.
If you are unsure what USCIS has on file, we can request your record before you apply. See what is in an A-file and how a CBP travel history request works.
USCIS fee: standard, online and reduced
| Item | USCIS fee | Notes |
|---|---|---|
| Form N-400, paper filing | $760 (paper) / $710 (online) | Standard fee under 8 CFR 106.2(b)(3). |
| Form N-400, filed online | $710 | Online discount under 8 CFR 106.1(g). |
| Form N-400, reduced fee | $380 (paper only) | Household income at or below 400% of the federal poverty guidelines. No additional online discount. |
Government fees as of Oct. 24, 2026, from USCIS Form G-1055, edition 10/16/26. Confirm before filing.
Some applicants qualify for a full fee waiver with Form I-912, for example based on a means-tested benefit or financial hardship. We check this before filing because the evidence must be submitted with the application. Fees are set by 8 CFR 106.2; confirm the amount on the USCIS fee schedule (G-1055) before filing, and see our government fee table.
The process: biometrics, interview, tests, oath
- Eligibility screen. We confirm dates, travel and records and give you a written file-or-wait recommendation.
- File the N-400. USCIS issues a receipt notice. Keep it; it holds your receipt number.
- Biometrics. USCIS may schedule fingerprints and photos at an Application Support Center, or reuse prior biometrics.
- Interview. An officer reviews your application under oath, and you take the English test (reading, writing, speaking) and the civics test.
- Decision. The officer grants, continues (often for missing documents or a retest), or denies the application.
- Oath ceremony. You become a citizen when you take the Oath of Allegiance, not when the N-400 is approved. Bring your green card; you will turn it in.
For current timeframes at your field office, use the USCIS processing times tool. We do not quote a number because it changes monthly and varies by office.
Preparing for the English and civics tests
The English test checks reading, writing and speaking; the speaking part happens throughout the interview itself. The civics test covers U.S. history and government. USCIS publishes the official study questions on uscis.gov, and we point you to the current version for your filing date because test versions can change.
Some applicants are exempt from the English requirement based on age and years as a resident under INA 312(b), such as the 50/20 and 55/15 rules, and may take the civics test in their own language with an interpreter. Applicants with a qualifying medical disability can request an exception with Form N-648, completed by a licensed medical professional. If you fail one part, you generally get a second chance at a later interview.
Dual citizenship and children who may already be citizens
U.S. law does not require you to give up your other citizenship when you naturalize, but your home country's law might treat naturalization abroad as a loss of its citizenship. Check with that country's consulate before you file if keeping both matters to you.
Children under 18 who are permanent residents and live in your legal and physical custody may become citizens automatically when you naturalize, under INA 320. They do not file an N-400; they can document citizenship with a U.S. passport or Form N-600. Some adults are already citizens through a parent and never knew it. We check this first, because an N-400 is the wrong filing for someone who is already a citizen.
If your N-400 is delayed or denied
Naturalization is one of the few immigration benefits with a specific path to federal court built into the statute. If USCIS has not made a decision 120 days after your interview, 8 U.S.C. 1447(b) lets you ask the federal district court to decide the case or send it back to USCIS with instructions. If USCIS has not scheduled an interview for an unreasonable time, a mandamus and APA claim may be possible. See N-400 naturalization delay lawsuits.
If the N-400 is denied, you can request an administrative hearing with Form N-336. If the denial stands, 8 U.S.C. 1421(c) allows review in federal district court, where the judge reviews the case fresh rather than deferring to USCIS. DC Federal Litigation PLLC handles these cases. See options after a denial and the firm's mandamus practice.
Who handles your case
Immigration filings are prepared and signed by a licensed U.S. immigration attorney who works with DC Federal Litigation PLLC. Consultations are available in English, Spanish, French and Arabic. If an agency delays or denies your case and federal court is the right next step, DC Federal Litigation PLLC handles the litigation.
If your application is delayed or denied and federal court action fits your situation, DC Federal Litigation PLLC handles the litigation from its Washington, DC office.
Frequently asked questions
When can I apply for citizenship: the 5-year or the 3-year rule?
Most permanent residents apply after 5 years of continuous residence. If you have been married to and living with a U.S. citizen for 3 years, and your spouse was a citizen that whole time, you can apply after 3 years as a resident. Both rules allow filing up to 90 days early. We calculate the exact earliest date from the resident-since date on your green card.
Can I apply early?
Yes, up to 90 days before you complete the residence period, under 8 CFR 334.2(b). The 90 days count back from the date you would reach 5 years (or 3 years) as a resident. You must still meet the physical presence and state residence requirements when you file. An application filed even one day too early can be denied, so the date should be calculated, not guessed.
What do continuous residence and physical presence mean?
Physical presence is the number of days you were actually in the United States; you need at least half of the required period. Continuous residence asks whether you kept your home here. A single trip longer than 6 months raises a presumption that continuity was broken, which you can rebut with evidence of ties. A trip of a year or more generally breaks it. Both tests must be met.
How much does the N-400 cost, and do I qualify for the reduced fee?
The USCIS fee is $760 (paper) / $710 (online) on paper and $710 online. The reduced fee of $380 (paper only) is available if your household income is at or below 400% of the federal poverty guidelines; the online discount does not stack with it. Some applicants qualify for a full fee waiver.
Do I need to disclose an arrest that was dismissed or expunged?
Yes. The N-400 asks about every arrest, citation and charge, including ones that were dismissed, sealed or expunged, and your fingerprints will show most of them. Failing to disclose can be treated as a lack of good moral character, which is often worse than the underlying event. Get the court records and have them reviewed before you file.
How long does naturalization take?
It depends on your USCIS field office and changes month to month, so we do not quote a number. Check the USCIS processing times tool for the N-400 at your field office. If your case runs well past that timeframe, or USCIS does not decide within 120 days after your interview, federal court options may be available.
Can I keep my other citizenship?
The United States does not require you to give up another citizenship when you naturalize, although the oath includes a renunciation of prior allegiance. Whether you keep your other citizenship depends on your home country's law. Some countries treat voluntary naturalization abroad as a loss of citizenship. Ask that country's consulate before you file.
Will my children become citizens when I do?
Possibly. A child under 18 who is a permanent resident and lives in the legal and physical custody of a U.S. citizen parent generally becomes a citizen automatically under INA 320. The child does not file an N-400. You can apply for a U.S. passport for the child or file Form N-600 for a certificate of citizenship.
What happens at the oath ceremony?
You check in, turn in your green card, answer a few final questions about events since your interview, and take the Oath of Allegiance with other applicants. You become a citizen at that moment and receive your Certificate of Naturalization. Check it for errors before you leave. Apply for a U.S. passport soon after, and update your Social Security record.
Find out if you can file now
Send us your resident-since date, your travel history and any record questions. We will tell you whether to file, wait or fix something first. Start with a paid consultation. If you engage the firm within 30 days, your consultation fee is credited in full toward your initial retainer.